Loading...
The intent of this chapter is to identify various special uses and to specify the requirements and provisions for their operation regardless of the proposed location or zone classification. The requirements and provisions established for each special use are intended to ensure the general safety, health, and welfare of the community and to ensure that the operation of the special use will be a compatible activity for the neighborhood in which it is located.
(Ord. 2982, 2001)
The following special uses are permitted subject to stated criteria.
A. Agriculture:
1. Land with a residential zone classification shall have the following limitations:
a. Agricultural uses shall be limited to growing of fruit trees, vegetables, flowers and horticultural nursery stock, provided no sales are conducted on the premises except for those crops grown thereon.
b. Agricultural uses shall be allowed only when 1) the property is at least 10,000 sq. ft. in area and not improved with a habitable structure or 2) the property is at least 20,000 sq. ft. in area if it is improved with a habitable structure.
c. A proposed agricultural use shall be subject to the approval of a Minor Site Plan.
2. Agricultural uses may be allowed on property with a commercial zone classification with the approval of a Conditional Use Permit, pursuant to Chapter 15.70 of this title.
B. Commercial telecommunication facility on private property (for telecommunications facilities in the right of way, see Chapter 15.53).
1. A commercial telecommunication facility is the equipment and structures, including antenna, which is used for the reception or transmission of radio, television, microwave or other signals through space as part of a wireless system of communication for business or commercial purposes.
2. A commercial telecommunication facility may be allowed on private property subject to the following conditions:
a. All accessory equipment associated with the operation of the telecommunication facility shall be located within a building, enclosure, or underground vault, unless another less obtrusive alternative is identified and approved by the city.
b. No sign or advertising devices other than certification, warning, or other required seals or signage shall be mounted on the facility.
c. For any monopole, tower or other ground- mounted structure, the setback from a property line along an arterial street should be at least five feet for each foot of its height as measured from the ground.
d. For any monopole, tower or other ground- mounted structure, the setback from a property line with a residential zone classification shall be at least one foot for each foot of its height as measured from the ground.
e. For any telecommunication facility that is mounted on the building or is roof-mounted, the height shall not exceed ten feet above the top of the building parapet. The facility shall be screened from public view and such screening shall be compatible with the existing architecture, color, texture, and/or materials of the building.
f. Whenever practical, telecommunication facilities should be co-located, where a permitted site or structure is used for multiple applications.
g. The telecommunication facility shall be tested to confirm that its operation does not interfere with the public safety radio equipment and system of the city. The Communications Division of the Orange County Sheriff's Department or a contractor approved by the Division shall conduct this test and such a test shall be at the expense of the applicant.
h. A facility that is causing interference with the public safety radio system of the city shall cease operation until the cause of the interference is eliminated.
3. A telecommunication facility proposed on property with a commercial or an industrial zone classification shall be subject to an approval of a Minor Site Plan pursuant to Chapter 15.47 of this title. An approval of a Minor Site Plan may impose conditions, including but not limited to, specifications on the height, location, design, color and screening of the facility as a way to minimize its appearance as viewed from nearby properties. The Director of Development Services, however, may conditionally approve a telecommunication facility that is mounted on the building or is roof-mounted.
4. A telecommunication facility proposed on property with a residential zone classification or an Open Space (O-S) zone that is more than 30 feet in height as measured from the ground shall be subject to an approval of a Minor Site Plan. The Director of Development Services, however, may conditionally approve a facility that is 30 feet or less in height.
5. A telecommunication facility proposed on property with a Public Land (P-L) zone shall be subject to the approval of the public agency having jurisdiction over the property.
C. Noncommercial communication facility:
1. A noncommercial communication facility is the equipment and structures, including antenna, which is used for the private reception or transmission of radio, television, microwave or other signals through space. A HAM radio antenna and a satellite dish antenna for private use are examples of a noncommercial communication facility.
2. In any residential zone classification, a dish antenna measuring 18 inches or more in diameter and any HAM radio antenna shall be subject to the following conditions:
a. A building permit shall be issued for the installation or construction of the facility.
b. All electrical wiring for a dish antenna shall be placed underground or otherwise screened from public view.
c. Only one antenna of each type shall be allowed on each residence on property with an R-1 or R-1P zone. Additionally, a roof-mounted antenna shall not be allowed on property with an R-1 zone or any residential preservation zone (R-1P, R-2P, or R-3P) classification.
d. A roof-mounted dish antenna shall be located on an essentially level roof and shall be totally screened from adjacent views through the use of parapet walls or architectural materials matching that of the structure.
e. A dish antenna shall not exceed ten feet in diameter.
f. A dish antenna shall not exceed the maximum building height limit permitted in the zone in which it is located if it is roof-mounted nor exceed 15 feet in height if ground-mounted.
g. A dish antenna must be permanently mounted, and no antenna may be installed on a portable or movable structure such as a trailer.
h. A dish antenna shall not encroach into any required setback nor be installed in such a manner as to be viewable from any public right-of-way.
i. A dish antenna shall be compatible in color with its surroundings and shall not include any signage.
j. A dish antenna shall be painted to blend with the surrounding background, and shall be treated so as not to reflect glare from sunlight.
k. A HAM radio antenna shall be limited to 50 feet in height.
l. The area of the foundation of a ground-mounted antenna shall be included in lot coverage calculations.
3. A satellite dish antenna measuring less than 18 inches in diameter is exempt from the above conditions.
4. In any residential zone classification, a HAM radio antenna that measures more than 50 feet in height shall be subject to an approval of a Conditional Use Permit.
D. Temporary commercial use on private property:
1. Property with a residential, commercial or industrial zone classification may conduct a temporary commercial use such as a Christmas tree lot, pumpkin patch or agricultural stand on an intermittent, seasonal or promotional basis in accordance with the following:
a. Such a business activity may operate for a maximum time period of 90 calendar days from the time setup begins to the time all removal and clean up must be completed. Extensions beyond this time period shall require approval by the Planning Commission.
b. The activity shall be allowed only on property with an R-1 or R-1P zone if there is no habitable structure on the premises.
c. The activity shall be allowed only on a property having frontage along an arterial or collector street. No direct access from a residential street shall be allowed.
d. The applicant shall provide written consent from the owner of the subject property to conduct the activity prior to any set up on the site.
e. The applicant shall obtain applicable permits from the Development Services and/or Fire Departments and a business license from the Business Registration Department.
f. The sales and other public areas shall be cleared before opening and shall be maintained free of weeds, holes, and other hazards throughout the operation to the satisfaction of the Development Services Department.
g. At least six off-street spaces shall be provided for the use of patrons. In the case of a developed lot, sufficient parking as determined by the Director of Development Services shall be retained for the permanent uses during the duration of the temporary business activity.
h. No structure, sign, or merchandise associated with the temporary commercial use shall obstruct a public right-of-way.
i. Advertising signage shall not exceed a collective total of 50 square feet of area, and no sign shall exceed a height of eight feet.
j. "No Smoking" signs shall be posted wherever indicated by the fire Department. These signs shall meet the specifications stipulated by the Fire Department.
2. Property with a commercial zone classification may conduct a temporary open air marketing activity such as a sidewalk or parking lot sale on an intermittent, seasonal or promotional basis in accordance with the following:
a. Such an activity shall be subject to the provisions of "c" through "j" in subsection "1" of this section.
b. Such an activity shall be for the display and sale or merchandise of merchants already operating a business on the premises.
c. Such an activity shall be no longer than five days in duration and only one such activity shall occur on the property within a thirty day period.
d. Display and sales areas will not obstruct, delay or interfere with the Fire Department or with the egress of building occupants in the event of the fire, and the layout will otherwise comply with the general safety requirement of the Uniform Fire Code.
3. The failure to comply with the provisions specified above shall result in the stoppage of the business activity.
E. Tattoo Parlors:
1. A tattoo parlor shall be located as follows:
a. A minimum of 500 feet from any other tattoo parlor or K-12 grade school.
b. A minimum of 250 feet from a residential zone.
c. Measurements shall be taken from the closest tenant wall of the tattoo parlor to the nearest wall of an existing tattoo parlor, or the property line of a school or residentially zoned property. Residential zoned properties include those identified in FMC § 15.17.015. Schools shall include private and public schools, but not trade schools, as defined by FMC § 15.04.040.
2. A tattoo parlor shall not exceed a size of 3,000 gross square feet.
3. All tattoo parlors shall be designed to ensure that the tattooing, piercing or similar services performed on a patron's specified anatomical body parts as defined by FMC § 7.95.010, are not visible to persons outside the tenant space. Signage, advertising or images depicting specified anatomical body parts shall not be visible to persons outside the tenant space.
F. Short-term Rentals.
1. Purpose
a. The purpose of this section is to address the use of privately-owned residential dwellings as short-term rentals in order to develop a regulatory framework, provide a mechanism for collection of transient occupancy taxes (TOT) and create an enforcement and revocation process.
2. Definitions
a. For purposes of this Section, the words and phrases below shall have the following meaning:
i. AUTHORIZED REPRESENTA-TIVE shall mean any person, firm or agency specifically authorized to represent and act on behalf of a property owner and to act as an operator, manager and contact person of a short-term rental.
ii. DIRECTOR shall mean the Community and Economic Develop- ment Director.
iii. LOCAL CONTACT PERSON shall mean either the property owner or authorized representative who shall be identified on the short-term rental permit application and shall be available by phone at all times when the short-term rental unit is occupied to address nuisances and/or complaints.
iv. GOOD NEIGHBOR GUIDELINES shall mean a document provided by the City to each applicant that summarizes the general rules of conduct, consideration and respect, including all provisions of the Fullerton Municipal Code and other applicable laws, rules or regulations pertaining to the use and occupancy of short-term rentals.
v. SHORT-TERM RENTAL PERMIT shall mean a permit issued by the Community and Economic Development Department that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this Chapter. Any applicant who has been issued a Short-term Rental Permit must also obtain a transient occupancy certificate and Business Registration required by Chapter 4 of the Fullerton Municipal Code.
vi. WHOLE-HOUSE RENTAL shall mean the use of a dwelling unit for the purpose of short-term rental where the property owner does not reside within the dwelling unit while it is utilized as a short-term rental.
3. Short-term Rental Permit and Renewal Required
a. The owner or the owner’s authorized representative is required to obtain a Short-term Rental Permit, Business Registration and have received instruction on completing the Transient Occupancy Tax application prior to renting or advertising the availability of a short-term rental unit.
b. An issued Short-Term Rental Permit shall be valid for three years from the date issued unless revoked by the Community and Economic Development Director pursuant to this Chapter.
c. A fee shall be charged for the review, issuance and renewal of the Short-term Rental Permit as established by City Council, but not to exceed the reasonable cost of providing the service.
d. A minimum of 30 days prior to the date of expiration of the Short-term Rental Permit, the applicant shall apply for renewal on a form provided by the City. The owner or owner’s authorized agent shall update the information contained in the original permit application required per this Section, if any information has changed. The owner or owner’s authorized agent shall sign a statement affirming that there is either no change in the information contained on the original permit application and any subsequent renewal applications or that any information that has been updated is accurate and complete.
e. Upon renewal of a property’s Short-term Rental Permit, the owner or owner’s authorized agent shall be required to provide notice to adjacent properties which includes the Local Contact Person information. Adjacent properties shall include all properties which share a property line with the subject property and the property(ies) directly across a street or alley from the subject property.
f. An application for permit renewal received after the expiration of the current permit shall be treated as an application for a new permit as set forth in this Section.
g. Any changes in the contact information for the Local Contact Person shall be provided to the adjacent properties and to the City within 72 hours of the change or before the property is next rented, whichever is sooner.
4. Maximum number of Whole-House Rentals permitted issued. To preserve single-family homes for use as long-term rentals (more than 30 days) or for home ownership, the City Council, by Resolution, shall establish a maximum number of Whole-House Short-term Rental Permits which may be issued in the City.
5. Short-term Rental Permit – Application
a. The owner or the owner’s authorized representative must submit the following information on a Short-term Rental Permit application form provided by the Community and Economic Development Department:
i. Contact information of the owner or authorized agent of the short-term rental unit for which the permit is to be issued.
ii. Contact information of a local contact person if not the owner or authorized agent.
iii. A site plan of the property and floor plan of the dwelling to be used for short-term rental which indicates the number and location of bedrooms in the short-term vacation rental unit.
iv. Indicate whether the short-term rental will be for whole-home rental, as that term is defined, or rental of bedrooms with the owner residing on the property.
v. Payment of the application and processing fee established by City Council.
vi. Evidence of a valid Business Registration issued by the City for the separate business of operating a short-term rental.
vii. Written approval from the Property Owner and Homeowner’s Association or Property Manager as applicable, authorizing the dwelling unit or portion of the dwelling unit to be used as a short-term rental.
viii. Such other information as the Community and Economic Development Director deems reasonably necessary to administer this Section.
b. The Property Owner must complete the Transient Occupancy Tax application form in accordance with Title 4 of the Fullerton Municipal Code.
6. Procedure for review of application
a. A decision to approve or deny an application for a Short-term Rental Permit shall be made by the Director of Community and Economic Development or their designee.
b. Upon receipt of a completed application, the Community and Economic Development Director or their designee will mail notice of an applicant's request to properties which share a common property line with the subject property. The Director will consider any written comments received within ten calendar days of the mail of the notice, in their decision on the application.
c. If the Director determines that an applicant has satisfied the application requirements, and that the short-term rental complies with the provisions of this Chapter, the Director shall provide written notice to the applicant that the Short-term Rental Permit is approved or conditionally approved, subject to compliance with the conditions identified by the Director in the notice.
d. If the Director determines that a public hearing is warranted in order gather supplemental evidence to determine whether an applicant will adequately mitigate potential adverse impacts to the public health, safety, or welfare due to substantial concerns raised by neighbors, the Director shall notice a public hearing of the Planning Commission in accordance with FMC Chapter 15.76. The Planning Commission is authorized to deny, approve or conditionally approve the permit in accordance with the criteria set forth in this section. Decisions of the Planning Commission / Appeals Board may be appealed to City Council according to the procedures for appeals set forth in FMC 15.76.170.
e. The applicant may appeal any Short-term Rental Permit denied by the Community and Economic Development Director to the Planning Commission pursuant to the provisions of FMC 15.76.170.
f. Upon final approval of this ordinance by the City Council, the Community and Economic Director, or their designee, shall prepare written procedures to govern the initial application submittal period, process and prioritization of applications regarding the issuance of Short-Term Rental Permits.
7. Non-transferability. Short-term Rental Permits are not transferable to other properties or to future property owners or authorized agents of the subject property. If the residence is sold to a new owner, the permit is void and the new owner will need to apply for a new Short-term Rental Permit in their own name.
8. Separation Requirements for Whole-House Rentals
a. No more than one Short-term Rental Permit for Whole-House Rental shall be allowed within three-hundred feet of another Short-term Rental Permit for Whole-House Rental.
i. The 300-foot measurement shall be measured as a lineal distance from the nearest property line to property line for houses located on the same street.
ii. For corner lots, the 300-foot measurement shall be measured as a lineal distance on both streets that the parcel has frontage on.
iii. For any other non-regular street configurations, the Community and Economic Development Director shall determine the 300-foot measurement based on the intent of this separation provision.
iv. The Community and Economic Development Director may consider a whole-house rental within 300-feet of another whole-house rental (Director Determination) based on a determination that the reduced separation between whole-house rentals does not have the potential to negatively impact the surrounding neighborhood.
b. For Short-term Rental Permits that are not Whole-House Rental, there is no separation required.
c. Residential units within a multi-family residential development utilized for short-term rental shall not be subject to the whole-house rental separation requirements contained in this subsection.
9. Operational Requirements
a. The owner or owner's authorized agent shall ensure that the short-term rental is used in a manner that complies with all applicable laws, rules and regulations pertaining to the use and occupancy of the subject short-term rental unit.
b. While a short-term rental is occupied, a Local Contact Person shall be available for the purpose of responding to complaints regarding the condition, operation or conduct of occupants of the short-term rental unit or their guests.
c. The owner or the owner's authorized agent shall, upon notification by the City of Fullerton that any occupant or guest of the short-term rental unit has committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental take appropriate action to immediately abate the disturbance as determined by the Community and Economic Development Director or applicable department.
d. Failure to respond to notifications from the City of Fullerton regarding violations of the Municipal Code or any state law shall be grounds for revocation of the Short-term Rental Permit as well as any applicable legal or Code Enforcement actions pursuant to Title 6 of the Fullerton Municipal Code.
10. Good Neighbor Guidelines
a. Short term rental owners or authorized agents shall be responsible for informing their renters of the Good Neighbor Guidelines. These Guidelines shall include, at a minimum:
i. Renter and/or guests of the short-term rental unit shall maintain the property free of debris, on-site and in the immediate vicinity.
ii. Trash cans shall be maintained in a clean and sanitary manner and shall not be placed on the street prior to 24-hours before pick up day and shall be promptly removed from the street following service.
iii. Quiet times shall be from 10:00 p.m. to 7:00 a.m. pursuant to the noise standards referenced in FMC Chapter 15.90.
iv. The renters and/or guests of the short-term rental shall not create unreasonable noise or disturbances, engage in disorderly conduct or violate provisions of this Code or any State law pertaining to noise or disorderly conduct.
v. Parking for renters, guests and/or property owners shall be provided on-site within a legal garage, carport or driveway to the extent possible.
11. Non-Residential Uses Not Permitted. Weddings, auctions, commercial filming, unless permitted pursuant to Chapter 3.80 of the FMC, commercial functions, or other similar events that are inconsistent with the residential character of the neighborhood as determined by the City Manager are prohibited within a short-term rental.
12. Advertising. There shall be no visible on-site advertising of a short-term rental on the subject property.
13. Short Term Rental Permit – Modification / Revocation
a. The Director of Community and Economic Development is authorized to revoke or modify the conditions attached to the Short-term Rental Permit if at any time they determine that:
i. The applicant has provided materially false or misleading information in the application.
ii. The applicant is in violation of the Municipal Code or any state law.
b. The applicant shall be provided with written notice of such modification or revocation. The applicant may file an appeal to Planning Commission with the City Clerk within (10) ten calendar days of the date of mailing of the notice of modification/revocation. If no appeal is filed, the modification/revocation shall become effective upon expiration of the period for filing appeals.
14. Short Term Rental Permit – Enforcement
a. Any host who violates any provision of this Chapter, any person other than a hosting platform who facilitates or attempts to facilitate a violation of this Chapter, or a hosting platform that violates its obligations under this Section, shall be subject to administrative fines and administrative penalties pursuant to Chapters 6.01 of this Code.
b. The City may issue and serve administrative subpoenas as necessary to obtain specific information regarding short-term rental listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the short-term rental listings comply with this Chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30 day period.
c. The remedies provided in this Section are not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties or procedures established by law.
(Ord. 3331 § 1, 2024; Ord. 3315 § 3 (part), 2022; Ord. 3290 § 1 (part), 2020; Ord. 3255 § 5, 2018; Ord. 3232 (part), 2016; Ord. 3222 § 7,2015; Ord. 3189 § 4,2013; Ord. 3144, (part), 2010; Ord. 3026, 2003; Ord. 2982, 2001).
The following special uses require the approval of a Conditional Use Permit regardless of their proposed location or zone classification. Approval of the special use shall be subject to the requirements and provisions set forth in this chapter.
A. Bed and breakfast inn:
1. A bed and breakfast inn shall only be a single- family residence converted to a commercial, transient occupancy use, whereby limited numbers of visitors may obtain accommodations and breakfast upon the premises for a fee.
2. A bed and breakfast inn shall comply with the following requirements:
a. No more than five rooms shall be offered for guests. A minimum of one full bath shall be provided for every two rooms for guests.
b. No cooking facilities shall be permitted within any guest room. No meals shall be served to anyone other than overnight guests. Meals served to guests shall be prepared in a central kitchen area. Breakfast shall be the only meal served to guests.
c. On-site parking shall be provided at the ratio of one space for each accommodation room. In addition, two spaces shall be provided for the owner. On-site parking design shall be subject to staff review and shall not be located within a required street setback area.
d. No long-term rental of rooms shall be permitted. The maximum stay for guests shall not exceed fourteen days.
e. Annual inspections of the facility shall be conducted by the Building, Fire and Health Departments to verify compliance with applicable codes.
f. No other commercial activity other than a home business shall occur on the site.
g. One identification sign shall be permitted, not to exceed four square feet in area. Said sign may be externally illuminated but may not cause glare on adjoining properties. Bed and breakfast identification signs shall not be internally illuminated.
h. Low intensity on-site lighting subject to the approval of the Director of Development Services shall be provided as a security and safety measure.
i. All signage, exterior architectural treatments and related site improvements shall be subject to the approval of the Director of Development Services.
j. All bed and breakfast inns shall obtain a city business license and comply with transient occupancy tax regulations found in Chapter 4.92 of the Fullerton Municipal Code.
B. Caretaker's residence:
1. A caretaker's residence is a dwelling unit accessory to a principal use on a property and is intended for occupancy for a caretaker, security guard, custodian or a similar position generally requiring residence on the site.
2. A caretaker's residence shall comply with the following provisions:
a. The unit shall be no more than 640 sq. ft. and have only one-bedroom.
b. The unit shall be located and designed so that the inhabitant(s) have a direct view of the secured area.
c. The unit shall meet all requirements of the Fullerton Building Code for a residence and the approval of the building permit for this use shall be subject to payment of all fees required for one-bedroom dwelling unit.
d. The parking required for a caretaker residence shall be one space, open or enclosed, in addition to parking required for the principal use on the site.
C. Commercial stable:
1. A commercial horse stable is a facility that boards and grooms horses, where such services are available to the public and where horses other than those owned by the owner of the subject property may be kept.
2. The following general development standards apply to commercial horse stables:
a. Lot Size. No commercial stable may be established on any parcel of land that is less than two acres in area, exclusive of dedications and rights-of-way.
b. Density. No commercial stable may house horses at a density of greater than ten horses per acre. This figure may be increased up to a total of 15 horses per acre if (1) the stable has direct access to an arterial highway as shown on the Master Plan of Streets and Highways, and (2) the applicant can justify that the increased density will not adversely affect surrounding properties and can be accommodated by the site (taking into consideration the specific circumstances of that site and the proposed plan to accommodate the horses thereon). The Planning Commission may approve commercial stables with a density greater than 15 horses per acre with the approval of a Conditional Use Permit, provided that the criteria for a 15-horse-per-acre density stable have been met, and all horses are stabled no closer than 300 feet to the property line of any residential zone classification, general plan area or use. In the event this is approved, no horses may be kept at any time within 300 feet of the property with a residential zone classification. However, parking areas, arenas, exercise rings, offices and other ancillary uses may be located in the 100-foot to 300-foot required setbacks from the residential use.
c. Maximum building height. No owner or operator of a commercial stable may erect any structure (temporary or permanent) exceeding a height of 20 feet. Building height is defined in Chapter 15.04 of this title.
d. Setbacks.
(i) The minimum setbacks for all structures from the property line of any non-residential zone classification, general plan area or use shall be as follows:
Front, 50 feet.
Interior side, 25 feet.
Exterior side, 50 feet.
Rear, 25 feet.
Interior side, 25 feet.
Exterior side, 50 feet.
Rear, 25 feet.
(ii) The minimum distance from structures or horses to the property line of any property with a residential zone classification, general plan area or use shall be 100 feet. The distance may be reduced by one foot for each foot of grade differential between the predominant stable grade and the grade of the primary structure on each lot with the residential zone, area or use.
e. On-site parking. One parking space shall be provided for each four horses kept on the site. The perimeter of the parking area shall be physically separated from the balance of the facility to eliminate the presence of horses in the parking area, or cars in the stabling area. The Director of Development Services shall approve an all-weather parking lot surface. Location of parking and design details shall be established as part of the review of the Conditional Use Permit.
f. Access roads. All access roads shall be paved or finished with all-weather material approved by the Director of Development Services. The extent of the paved roads shall be determined during the review of the Conditional Use Permit.
g. Landscape requirements:
i. Landscaping shall be provided along all property lines and in minimum dimension of 10 feet.
ii. Landscaping and irrigation shall be provided for landscaped areas pursuant to Chapter 15.50 for the following:
(a) Installation of new landscaped areas; or
(b) Rehabilitation of existing landscaped areas where affected landscaped area is equal to or greater than 2,500 square feet; or
(c) Installation of a new landscape area or areas less than 2,500 sq. ft. in aggregate may opt to comply instead with the prescriptive measures contained in Chapter 15.50 Appendix A.
(d) New or rehabilitated projects using treated or untreated graywater or rainwater captured on site, any lot or parcels within the project that has less than 2,500 square feet of landscape area and meets the lot or parcel’s landscape water requirement (Estimated Total Water Use) entirely with the treated or untreated graywater or through stored rainwater captured on site is subject only to Appendix A Section (5).
h. Signs. Signs shall be subject to the approval of the Director of Development Services. All signs shall have a rural character. No internally illuminated signs shall be permitted. Monument signs shall be permitted in lieu of ground signs.
3. The following specific development standards apply to commercial horse stables:
a. Orange County provisions. All provisions of the Orange County Board of Supervisors' Resolution No. 76-1610 (and any sub-sequent amendments thereto) shall be adhered to and shall be enforced by Orange County animal control officers. Those provisions include:
(i.) Facility sanitation.
(ii.) Manure management.
(iii.) Dust control.
(iv.) Combustible materials.
(v.) No smoking areas.
(vi.) Shelter and box stalls.
(vii.) Vector control.
(viii.)Weed control.
(ix.) Corral size and area.
(x.) Licensure.
(xi.) Food and storage area regulations.
(xii.) Humane treatment.
(xiii.)Water management.
b. Wash Racks. There shall be one wash rack provided for every 35 equines or fraction thereof, but in no case shall there be less than one wash rack. Each wash rack shall meet the following requirements:
(i.) The minimum size wash rack area shall be six feet wide and eight feet long.
(ii.) Each wash rack shall be provided with a permanent watering system, with a back siphon device at the water source.
(iii.) Each wash rack shall be constructed with concrete slab flooring with a rake finish. Gravel or other approved material may be applied over the concrete slab so as to prevent slipping.
(iv.) Each wash rack shall be connected to an approved drainage system.
c. Exercise rings. Exercise rings shall maintain a minimum dimension of 30 feet.
d. Arenas. Arenas shall maintain a minimum of 10,000 square feet with a minimum dimension of 80 feet. If arena lights are proposed, the location and design shall be located in such a way as not to be a nuisance for adjacent properties.
e. Storage and tack areas. Storage and tack areas shall be provided and designated on the site plan. All such structures shall be designed for easy evacuation when located within a flood zone and shall be of a uniform design, including materials, earth tone colors, and a non-reflective roof. Location on the property shall be established during the review of the Conditional Use Permit.
f. Fencing. The entire site, exclusive of riding areas, shall be fenced so as to confine horses within the site in order to protect the perimeter landscaping from damage. A minimum five-foot high fence shall enclose individual corrals. Fences and gates shall be capable of supporting a force of 150 pounds per square foot with the load applied three feet from the ground surface.
g. Employee housing. In order to provide for the health and safety of equines and structures, a caretaker residence may be established on the premises. Such residence shall meet the requirements set forth in the Uniform Housing Code. Its location on the property shall be established during the review of the Conditional Use Permit.
h. Licensing. All commercial stables shall be licensed by the County of Orange prior to operation.
i. Grading. In all enclosures where equines are maintained, the land surface of such enclosures shall be graded above the remaining land surface for drainage purposes. A rough grading plan shall be submitted with the request of the Conditional Use Permit.
j. Water system. The facility shall obtain a service connection from the city water system and use it for its water source.
k. Public toilets. A minimum of one public toilet for each sex shall be provided. Portable outdoor sanitation facilities shall be permitted for areas located within a recognized flood zone. All other facilities shall be of permanent construction. The location on the property shall be established during the review of the Conditional Use Permit.
l. Security lighting. All security lighting shall be such that it is directed onto the site. All utilities shall be installed underground.
m. Telephones. A public telephone shall be available for use by any individual in the event of an emergency.
n. Maintenance. All commercial stables shall be maintained in such a manner as to ensure the health and safety of all equines and the structural integrity of buildings, corrals, and fences.
o. Evacuation. All commercial stables located within a floodplain shall have an evacuation program for all equines, portable living units, and accessory buildings.
p. Storage of horse trailers. The storage/ parking area for horse trailers (whether temporary or permanent) shall be determined during the review of the Conditional Use Permit. Its location shall be screened in a manner approved by the Director of Development Services so as to minimize its visual impact on surrounding residential uses or areas.
q. Registry of animals. A log containing the name of every horse, its location in the facility, the owner's name and address, and the names and addresses of persons to be notified in case of emergency shall be maintained.
r. Fire Department approval. All fire protection appliances, appurtenances, emergency access, and any other applicable requirements shall meet the specifications of the Fire Department.
s. A Conditional Use Permit for a commercial horse stable will be subject to periodic Planning Commission review to verify compliance with stated conditions. The Planning Commission shall decide the review interval.
D. Community/social service facility; private school; religious institution
1. The evaluation of a community/social service facility, private school, or a religious institution with the review of a Conditional Use Permit shall consider in part its conformity with the guidelines below, except that an emergency shelter as part of a religious institution shall be subject to additional provisions as identified in (k) of this subsection:
a. Relationships between proposed and existing surrounding uses.
b. Potential impacts on surrounding uses involving noise, glare, parking, traffic, dust, odor, fumes, activity, solid waste and security.
c. Provision of support facilities for potential expansion. A master plan of the facility shall be required with the application.
d. Adequacy of current infrastructure to accommodate proposed use and additional demands generated by it.
e. Zone limitations on building height shall apply. However, a non-habitable structure such as a bell tower, steeple or chimney may exceed the height limitations, but only one structure of this type shall be allowed for the facility.
f. Zone limitations on lot coverage of buildings and parking areas need not apply, but will be evaluated based on surrounding uses. All required setbacks from streets shall be landscaped and shall not be used for parking.
g. On-site buildings and structures intended for occupancy other than residential units generally should not be closer than 30 feet to any property line of a lot with a residential zone classification. Residential units shall conform to the setback requirements as prescribed for the zone in which the site is located. Minor structures and improvements no more than one story in height that are accessory or incidental in nature to the main building(s) may be permitted, subject to the approval of the Director of Development Services.
h. A solid wall not less than six feet in height shall be constructed and maintained on any property line adjoining a property with a residential zone classification, provided that such wall shall not extend into any required front yard.
i. All lights provided to illuminate any parking area or building on such site shall be so arranged as to direct light away from adjoining premises.
j. The location, size and type of proposed space for outdoor recreational activities shall be identified on a submitted site plan; once approved, any modification or additions to these outdoor recreational areas may be subject to review and approval by the Director of Development Services.
k. An application for an Emergency Shelter for Homeless (Religious Institution) Permit shall be made on a form provided by the City at least 30 days prior to opening, for the purpose of review and approval by the Community Development, Police and Fire Departments of proposed operational, management and security procedures.
2. The minimum parking required for these special uses shall be as follows:
a. For a community/social service facility or a private school: Unspecified; subject to the approval of the Conditional Use Permit.
b. For a religious institution: One space for each three fixed seats or one space for every 21 square feet of non-fixed seating area in all assembly areas in which concurrent activities will occur. Eighteen lineal inches of bench shall be considered equal to one fixed seat.
E. Child-care center:
1. A child-care center is any type of group of child-care programs housing 15 or more children (including those living at the premises), including church and college-related nurseries, nurseries for children of working parents, nursery schools for children under minimum age for education in public schools, parent cooperative nursery schools, play groups for preschool children, and programs covering after-school care for school children, provided such establishment is licensed by the state or county and constructed in accordance with state and local requirements.
2. The evaluation of a child-care center with a review of a Conditional Use Permit shall consider in part its conformity with the following guidelines:
a. Relationships between proposed and existing/surrounding uses.
b. Potential impacts on surrounding uses involving noise, glare, parking and traffic activity, and measures proposed to minimize these impacts.
c. Street frontage of the lot and overall street right-of-way.
3. A child-care center shall be subject to the following development standards:
a. Off street vehicular loading areas shall be provided with on site circulation such that children may be safely loaded and unloaded from vehicles off street. Under no circumstances shall children be required to cross a dedicated street to access the facility.
b. One off street parking space shall be provided for each worker on duty. One guest space shall also be provided for each 16 children, or portion thereof, cared for by the facility. The spaces shall not be located in a required street setback area, nor located in tandem.
c. A outdoor play area that adjoins any property with a residential zone shall be improved in such a manner so as not to constitute a nuisance to the residential use. A solid six-foot high masonry wall shall be constructed along the perimeter of the facility adjacent to all such outdoor play areas in the side and rear yards to mitigate noise.
d. The facility shall comply with noise and maintenance regulations of the zone and shall be subject to applicable abatement/ nuisance procedures if necessary to mitigate incompatibility with the surrounding neighborhood and the intent of such regulations.
F. Hotel and motel:
1. All hotel and motel occupancies shall consist of transient occupancies in periods of up to 30 consecutive calendar days, and shall have at least one room that shall have not less than 150 square feet for the first two occupants thereof.
2. Where more than two persons occupy such a room for sleeping purposes, there shall be an additional minimum floor area of at least 50 square feet for each such additional occupancy in excess of two.
3. The required parking for a hotel or motel shall be one regular parking space per room plus one recreational vehicle parking space for every ten rooms.
G. Residential care facility for the elderly; large group home:
1. "Residential care facility for the elderly" means a group housing arrangement licensed under Section 1569.2 of the Health and Safety Code, and chosen voluntarily by residents over 60 years of age, but also including persons under 60 years with compatible needs, who are provided varying levels and intensities of care and supervision or personal care, based upon their varying needs, as determined in order to be admitted and to remain in the facility.
2. "Large group home" means any family home, group housing arrangement or similar residential care facility as determined by the Director of the State Department of Social Services that is licensed to shelter and care for more than six persons, providing 24-hour non-medical services, supervision or assistance essential for sustaining the activities of daily living or for the protection of the individual. Such facilities require state licensing.
3. A residential care facility for the elderly or a large group home proposed within a residential or commercial zone classification shall comply with all of the following criteria and requirements.
a. Lot coverage: Lot coverage shall not exceed 50 percent in zones R-1 through R-3R. For all other zones, coverage shall not exceed 60 percent.
b. Equivalency. Due to the varied nature of these types of facilities and their physical configuration (beds vs. rooms vs. units), the following equivalencies are established for determining density, open space and/or parking requirements.
Two beds = one room = one unit
c. Density. The allowable number of units shall vary depending on the particular zone in which the proposed use will be located. The following allowable densities shall apply only for a residential care facility for the elderly or a large group home. A developer is encouraged to contact city staff prior to any submittal for the purpose of calculating density figures.
Zones DU/Acre
R-1-20,000 and above 5.6
R-1-10,000 through R-1-15,000 7.6
R-1-6,000 through R-1-9,000 10.2
R-2/R-2P 14.0
R-G 15.2
R-3R 24.8
R-3/R-3P 33.8
R-4 46.2
R-5 Unlimited
PRD Established by general or
specific plan designation of the site
specific plan designation of the site
Any Commercial zone 33.8
d. Appearance and architectural style. The construction of new buildings or alterations to existing structures as part of a proposed residential care facility for the elderly or large group home shall be encouraged to have a design with a residential character and an arrangement of buildings compatible with surrounding development types.
e. Usable Open Space. A residential care facility for the elderly or a large group home shall provide usable open space on a per unit basis as follows:
Usable Open
Zone Space/Unit
Zone Space/Unit
R-1-20,000 and above 800/unit
R-1-10,000 through R-1-20,000 700/unit
R-1-6,000 through R-1-9,000 600/unit
R-2/R-2P through R-3R 400/unit
R-3/R-3P and R-4 300/unit
R-5 200/unit
PRD Established by general or
specific plan designation of the site
specific plan designation of the site
Any Commercial zone 300/unit
Indoor common recreational areas may contribute up to one third of the usable open space requirements.
f. Parking Requirements. The demand for parking in a residential care facility for the elderly or a large group home will vary depending on the clientele and type of operation of the facility. Accordingly, the parking requirement for this type of facility shall be determined on a case-by-case basis as part of the review of the Conditional Use Permit.
H. Retirement complex:
1. "Retirement complex" means any place or facility housing seven or more persons developed pursuant to and in accordance with the provisions of this title. Such a facility may or may not be licensed by the State of California Department of Social Services as a retirement facility for the elderly, and is operated for and strictly limited to the non-medical residential needs of ambulatory clientele aged 55 years and older. Notwithstanding the above, a Type VII retirement complex, as defined in this section, will provide licensed medical care via their residential care facility for the elderly and health facility components. Retirement complexes may be of the following types:
Type I – Independent Detached Cluster Units. Included within this category are non-licensed single-family development arranged in clusters of detached units. These may take the form of patio homes, single-family or other creative cluster design with reasonable amounts of privately owned and maintained open space and recreation area.
Type II – Independent Attached Cluster Units. Allows for a variety of non-licensed housing types: garden apartments, condominiums and townhouses with density dependent on zoning classification and specific/general plan designation. Some open space may be privately used, but the majority of open space and recreational areas are for common use.
Type III – Congregate Low-Rise Multi-Unit. Typified by a structure subject to a two-story and thirty-foot height limitation, these facilities and characterized by independent living units (owned or rented) of one or two bedrooms with limited food storage/preparation areas, considerable amenity packages which include recreational/leisure areas for social interaction and special resident events. Design emphasis is on a non-institutional appearance that will visually complement surrounding residential uses.
Type IV – Congregate Low-Rise Retirement Hotel. A congregate facility subject to a two-story and thirty-foot height limitation, with individual beds/bedrooms rented to clients on a monthly basis. Bedrooms do not have food preparation storage facilities. Congregate meeting, recreational and dining facilities are provided as an integral part of the development.
Type V – Congregate Mid/High-Rise Multi-Unit. Similar in configuration, construction and amenities to Type III facilities, but constructed in excess of the height or story limitation of Type III complexes.
Type VI – Congregate Mid/High-Rise Retirement Hotel. A congregate facility constructed in excess of the height limitation of Type IV facilities with individual beds/bedrooms rented to clients on a monthly basis that have no individual food storage/ preparation facilities. Congregate meeting, recreational and dining facilities are provided as an integral part of the development.
Type VII – Community/Village Concept. Provides for flexibility in development, creative and imaginative design, and the development of parcels of land as coordinated projects involving a mixture of retirement complex, residential care facility for the elderly and health facility types, congregate social facilities and open spaces (both private and public). A Planned Residential Development (PRD) zone will be required for the establishment of a Type VII residential complex. The intent of a Type VII facility is to accommodate those applications for a life-care environment with the residential use being predominant.
A "life-care environment" is described as a coordinated facility incorporating different levels of residential and medical care. Clients may enter the facility at the residential, intermediate medical care or skilled nursing level and are assured of care for life by contract. Clients will be provided various levels of care as demanded by their individual medical need. Any residential care facility for the elderly or health facility included as part of a Type VII development is to be strictly a secondary use to the primarily residential focus of the development, and shall be subject to requirements for permanent maintenance under life care contracts.
2. A retirement complex proposed within a residential or commercial zone classification shall be developed in accordance with all the following criteria and requirements.
a. Maximum building height. Type I, II, III or IV retirement complexes shall not be constructed in excess of two stories above grade. Overall height of Type I, II, III and IV structures shall not exceed 30 feet above grade.
b. Lot coverage. Lot coverage shall not exceed 50 percent in zones R-1 through R-3R. For all other zones, coverage shall not exceed 60 percent.
c. Equivalency. Due to the varied nature of retirement complex types and their physical configuration (beds vs. rooms vs. units), the following equivalencies are established for determining density, open space and/or parking requirements.
Two beds = one room = one unit
d. Density. The density figures outlined in Subsection G of this section shall be used as a base for computing the maximum number of units for a property. California Government Code Section 675915 requires that cities grant density bonuses to housing developments of five or more dwelling units designed in part for low or low-moderate income households, or for other qualifying senior residents as defined. In keeping with that mandate, the City will add a 25 percent density bonus to the density figures outlined in Subsection G of this section for a development of a retirement complex. A developer is encouraged to contact city staff prior to any submittal of a proposed retirement complex for the purpose of calculating density figures.
e. Appearance and architectural style. The construction of new buildings or alterations to existing structures as part of a proposed retirement complex shall be encouraged to have a design with a residential character and an arrangement of buildings compatible with surrounding development types.
f. Usable Open Space. A retirement complex shall provide usable open space on a per unit basis as follows:
Usable Open
Zone Space/Unit
Zone Space/Unit
R-1-20,000 and above 800/unit
R-1-10,000 through R-1-20,000 700/unit
R-1-6,000 through R-1-9,000 600/unit
R-2/R-2P through R-3R 400/unit
R-3/R-3P and R-4 300/unit
R-5 200/unit
PRD (Type VII only) Established by general or
specific plan designation
of the site
specific plan designation
of the site
Any Commercial zone 300/unit
Indoor common recreational areas may contribute up to one third of the usable open space requirements. The remaining usable open space areas shall be subject to the limitations of Subsection 15.17.070.D of this title. Types I, II, III, and V shall provide private patios, decks or balconies as required in the multiple-family residential zones.
g. Parking. The evaluation of each retirement complex shall include traffic and/or parking studies in a form and content acceptable to the Director of Development Services specifying potential traffic and parking impacts of the project. Parking require-ments will be determined by the type of retirement complex and in part by the results of the parking and traffic study submitted pursuant to this section. The minimum amount of parking for each type of development shall be as follows:
Type Required Parking
Type I 1.50 space/unit with 1 or fewer bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
Type II 1.50 space/unit with 1 or fewer bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
Type III 1.50 space/ unit with 1 or fewer bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
Type IV .50 space/unit
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
Type IV .50 space/unit
Type V 1.50 space/unit with 1 or fewer bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
2.00 space/unit with 2 bedrooms
2.50 space/unit with 3 or more bedrooms
Type VI .50 space/unit
Type VII Residential component
requirement above that most
closely matches proposal design.
requirement above that most
closely matches proposal design.
NOTE: The total amount of parking will be split so that approximately 80 percent is secured and reserved for tenants and 20 percent is unreserved and accessible to visitors.
These standards may be reduced through the Conditional Use Permit process contained in Chapter 15.70 of the Fullerton Municipal Code, if the characteristics of the project show fewer parking spaces can be justified based on an empirical parking demand study that assesses similarly sized and situated projects with similar characteristics such a proximity to transit and services, project size and unit size and mix.
3. Each retirement complex shall be encumbered with covenants, conditions and restrictions or other documents or written policy, which shall be effective during the entire life of the building and which shall be consistent with Section 51.3 of the California Civil Code. The CC&Rs shall not limit occupancy, residency or use on the basis of age more proscriptively than to require that one person in residency be a senior citizen (as defined in said Section 51.3) and that each other resident, if any, except the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to, the senior citizen, shall be at least 45 years of age.
(Ord. 3269 §3, 2018; Ord. 3226 (part), 2016; Ord. 3134 (part), 2009; Ord. 3069 § 1, 2005: Ord. 2982, 2001)